February 14, 2009

Good news to update my February 7 post on Arts in the Economic Recovery Post. Yesterday, February 13, the U.S. House of Representatives approved their final version of the Economic Recovery bill by a vote of 246-183. Americans for The Arts confirms that the package DOES include $50 million in direct support for arts jobs through National Endowment for the Arts grants.

In a press release received yesterday from Americans for The Arts:

We are also happy to report that the exclusionary Coburn Amendment language banning certain arts groups from receiving any other economic recovery funds has also been successfully removed. Tonight the Senate is scheduled to have their final vote, and President Obama plans to sign the bill on Monday - President's Day.

A United VoiceThis is an important victory for all of you as arts advocates. More than 85,000 letters were sent to Congress, thousands of calls were made, and hundreds of op-eds, letters to the editor, news stories, and blog entries were generated in print and online media about the role of the arts in the economy. Artists, business leaders, mayors, governors, and a full range of national, state, and local arts groups all united together on this advocacy issue. This outcome marks a stunning turnaround of events and exemplifies the power of grassroots arts advocacy.

We would like to also thank some key leaders on Capitol Hill who really carried our voices into the conference negotiation room and throughout the halls of Congress: Speaker of the House Nancy Pelosi (D-CA), House Appropriations Chairman Dave Obey (D-WI), House Interior Appropriations Subcommittee Chairman Norm Dicks (D-WA), and Congressional Arts Caucus Co-Chair Louise Slaughter (D-NY). We also want to publicly thank President Obama for taking the early lead in recognizing the role of the arts in economic development. These leaders were able to convincingly make the case that protecting jobs in the creative sector is integral to the U.S. economy.

Webinar on Federal Funding Announced, NEA Officials to JoinThere is further good news for the arts and arts education in the other sections of this $789 billion economic recovery legislation -- but we're still reading through the 1000+ pages. Americans for the Arts will give an update on the economic stimulus package as well as other federal sources of arts funding in a webinar on Wednesday, February 18, 2:00-3:30pm EST. The webinar presentation will include remarks by Acting National Endowment for the Arts Chairman Patrice Walker Powell and newly appointed Director of Government Affairs Anita Decker. The webinar is free to Americans for the Arts professional members.

February 07, 2009

Americans for the Arts reports that the U.S. Senate, during their consideration of the economic recovery bill, approved an egregious amendment offered by Sen. Tom Coburn (R-OK) that stated “None of the amounts appropriated or otherwise made available by this Act may be used for any casino or other gambling establishment, aquarium, zoo, golf course, swimming pool, stadium, community park, museum, theater, art center, and highway beautification project.”

Unfortunately, the amendment passed by a wide vote margin of 73-24, and surprisingly included support from many high profile Senators including Chuck Schumer of New York, Dianne Feinstein of California, Barbara Mikulski of Maryland, Bob Casey of Pennsylvania, Amy Klobuchar of Minnesota, Russ Feingold of Wisconsin, and several other Democratic and Republican Senators.

Prior to yesterday's consideration, a good amount of negative press was generated regarding arts funding. The House bill includes a $50 milllion provision for the National Endowment for the Arts (NEA). As the legislation states, the NEA "is positioned to use existing mechanisms to allocate lifeline funding quickly to these nonprofit organizations to retain jobs" and there is solid research to demonstrate the stimulus gains that can be provided by this funding. However, here are some examples of the negative press received from publications across the country:

"True to form, Congress has loaded the [bill] with hundreds of billions in wasteful spending. The bill includes $650 million for digital TV coupons, $140 million to study the atmosphere and $50 million for the National Endowment for the Arts. None of these proposals would create jobs or boost our economy. They're just old-fashioned waste" - Op-ed in the Indianapolis Star

"The National Endowment for the Arts would get $50 million for new exhibits to deem America racist and sexist." - Op-ed in the Norwich Bulletin

"The National Endowment for the Arts, for example, is in line for $50 million, increasing its total budget by a third. The unemployed can fill their days attending abstract-film festivals and sitar concerts." - National Review Editorial

"I just think putting people to work is more important than putting more art on the wall of some New York City gallery frequented by the elite art community." [U.S. Rep Jack] Kingston said. "Call me a sucker for the working man." - Congressional Quarterly report

If the Coburn amendment language is included in the final conference version of this legislation, many arts groups will be prevented from receiving economic recovery funds from any portion of this specific stimulus bill.

As Congress considers the American Recovery and Reinvestment Act, the arts and culture sector must be included. There has been a good deal of negative press lately which describes funding for the arts (under this stimulus plan) as wasteful, unnecessary and "old fashioned." The arts are essential to the health and vitality of our communities. They enhance community development; spur urban renewal; attract new businesses; draw tourism dollars; and create an environment that attracts skilled, educated workers and builds a robust 21st century workforce.

Nonprofit arts organizations are proud members of the business community employing people locally, purchasing goods and services within the community, and involved in the marketing and promotion of their cities. In fact, there are more full-time jobs supported by the nonprofit arts than are in accounting, public safety officers, even lawyers and just slightly fewer than elementary school teachers.

According to Americans for the Arts, a $50 million investment to the National Endowment for the Arts will provide critical funding to save 14,422 jobs from being lost in the U.S. economy. This is based on the ability of the NEA to leverage $7 in additional support through local, state and private donations, for every $1 in NEA support.

Then-NEA Chairman Dana Gioia issued the following statement prior to his departure, "Arts organizations have been hit enormously hard by the current recession. They've seen their support drop from corporations, foundations, and municipalities. This infusion of funds will help sustain them, their staffs, and the artists they employ. We are hopeful that Congress and the new administration will support this important investment."

Americans for The Arts have put together several ways for you to voice your support for Arts inclusion in the ecoonomic recovery bill.

Fight back against anti-arts News Coverage:

Americans for the Arts is calling on all of our members to provide a coordinated public relations response to educate the public and put pressure on Congress. They ask that you take two minutes to send a short letter to the editor of your local media outlet. This online form has even provided the talking points and just ask you to customize the letter to your community. As Congress spends the next few days completing their work on this legislation, it is the exact time for arts advocates to write to their local media outlets today and fight back against threats to the funding and anti-art amendments.

Plan of Action

Arts advocates need to quickly contact Senators who voted for the Coburn Amendment and express your extreme disappointment with their vote. We need these Senators to know that their vote would detrimentally impact nonprofit arts organizations and the jobs they support in their state. Americans for the Arts have crafted a customized message for you to send to your Senators based on their vote on the Coburn Amendment. The correct letter, customized to each of your Senators will appear when you enter your zip code. If your Senator voted for this funding prohibition, you can send them a message expressing your disappointment and ask them to work to delete this language in the final conference bill with the House. If your Senator voted against the Coburn Amendment, you can thank them for their support of the arts.

We need as many news articles as possible this coming week to publish stories about the economic impact of the nonprofit arts industry and how the recession is negatively affecting arts groups across the country. Please click here to customize an opinion editorial to your local media. We have provided you with easy-to-use talking points.

Americans for the Arts itself is submitting op-eds to several national newspapers and online blogs. We are enlisting high profile leaders to co-sign these letters as well.

Americans for the Arts is purchasing full-page ads titled “The Arts = Jobs” in Washington’s top political newspapers in Roll Call, Politico and The Hill on Monday and Tuesday of next week. We encourage you to post the ad on your social network sites.

February 06, 2009

Maybe you don't like Opera. But the beauty and scope of Puccini's La Boheme can't be under-estimated for creative inspirational impact. It will bring you to new heights... I swear it will. The best I can suggest is The Berliner Philharmoniker, 2 CD set version. Downloaded from ITunes store. You can get it right now!

July 16, 2008

Ovation TV has been a lovely escape these last few days. Presently Ovation is airing the American Revolutionaries series through July 31. Documentaries and movies profile an assortment of the best figures in architecture, film, design, music, and art. This evening I am indulging in I.M. Pei and Frank Lloyd Wright. The movies and documentaries are very well done, informational and inspirational.

Last night it was Basquiat, a film about Jean Michel Basquiat with an incredible all star cast (See David Bowie as Andy Warhol...Excellent!) Some of the other artists profiled are Warhol, Rothko, Nat King Cole, The last 48 hours of Kurt Cobain, Miles Davis, John Coltrane, Martha Graham, Robert Rauschenberg, Orson Wells, Sylvia Plath, Marlon Brando, James Dean, How to Draw a Bunny and so much more.

I hope you might get the chance to catch a few of these programs. In addition to excellence in television viewing, the Ovation website also allows community viewers to submit their own artwork. Seriously, check out Ovation TV... you will not be disappointed.

November 07, 2007

I'm feeling pretty relaxed these days. I attribute this to the fact that for about a week now nothing in my house has exploded, broken, burst, or caught on fire. Being relativity clear headed again, I've been reading quite a bit, surfing the net in search of "stuff" and I am quite excited about writing something worthy of the paper it's written on. I'm also looking forward to creating some graphic design just for me. Self-expression is good for the soul.

To better facilitate this whole creative thing, I've been lately listening to jazz. It's taken me quite a few years to really appreciate this music genre. I think it must be an acquired taste, but I'm so happy I didn't just give it up.

September 06, 2007

Whew! After nearly 4 weeks of non stop 16-18 hour days working on client accounts, I'm back to blogging (I hope.) I had planned on writing something of value over the weekend for my readers here at ArtLOOK, but having just seen the site I'm about to share with you....well, a look at this guy's creative portfolio is worth more than any of the words I could write.

Amazing, creative, inspirational...this 25 year old designer is truly a brilliant mind and seems to be a pretty darn nice guy to boot. Things that I especially loved were Impact, Reflect/Respect, and the Mondavi wine bottles. Dave Werner just makes me want to work harder, learn more, read more, see better...

May 24, 2007

The Bill Memorial Library and the City of Groton are sponsoring Art on Groton Bank, a continuing festival of fine arts on the grounds of the library on June 16, July 21, August 18, and September 15 from 10 A.M. to 3 P.M.

We are thinking Paris, of the stalls along the Seine, the artists’ work lined against the walls on the Left Bank. We are bringing the sense of that greatest of art cities to Groton Bank.

Time is getting close. The committee has walked the grounds of the enchanting Bill Memorial Library to lay out the sites along the fences, and in the middle of the Great Lawn.

Artists are invited to set up at 7 a.m. and exhibit until 3 p.m. A $20.00 fee will cover the cost of a site of approximately 100 square feet per event.

If artists would like to paint the beautiful vistas on and around the library grounds during the show, it would be a wonderful diversion for visitors, who love to watch artists create. Often, the visitor will say “Combien?” and a sale is made. Painters are not required to paint, but it is a great opportunity. And fun!

May 08, 2007

As a follow up to yesterday's post on Copyright Law, I went back to the WIPO website and found the following disclaimer on the front page of the WIPO website copyright section:

The attention of the Secretariat of WIPO has been drawn to the fact that certain organizations issue certificates purporting to grant copyright protection. It should be noted that these certificates do not create any right. The Secretariat recalls that, by virtue of the Berne Convention for the Protection of Literary and Artistic Works, works are protected without any formality in all the countries party to that Convention. This means that international copyright protection is automatic, it exists as soon as a work is created, and this principle applies in all the countries party to the Berne Convention.

May 07, 2007

Copyright Law is indeed a slippery slope. Over at Vitamin, Stephan Nipper, writes on March 2nd, 2007 a post entitled Copyright: Get to know the Facts but having read the article I really must ask Attorney Nipper what exactly are the facts please? According to Attorney Nipper, his article encourages the purchase of US copyright registration (at $45/a pop) in order to avoid

"...a common misconception about copyright law that still exists today, some thirty years later. This misconception often serves as a trap that many a copyright owner, including web developers and designers, unknowingly falls for. What is it? Its the belief that “a copyright owner does not have to file a copyright application to protect its works…rather, copyright protection forms when the works are created.”

While technically true (copyright protection begins at the ‘publication’ of the work), taking a “I don’t need to file copyright applications” attitude can often come back to haunt you. The reason for this, under the US Copyright Act, is that registration of the copyright within ninety (90) days of publication (or before infringement takes place) is necessary to enable the copyright owner to receive what are referred to as “statutory damages.”

I would first like to point out that Mr. Nipper is incorrect when he states that copyright in a work is created at ‘publication.’ The current U.S. law creates a copyright when a work is fixed in a tangible form of expression. US Copyright Office states the following:

When is my work protected?Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.

Why should I register my work if copyright protection is automatic?Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law.

Houston We Have a Problem!So from what I read of all this is... that copyright is indeed bestowed upon a work at its creation BUT in order to ACTUALLY be protected in a court of law (which is frankly in my eyes the whole point of copyright protection) for statutory rights and attorneys fees, that work MUST be registered. Therefore to ensure compliance with these laws all artists, writers, developers etc MUST REGISTER each piece of work or you're screwed. That means each photograph, each website, each graphic, each illustration, painting or sculpture. Are you kidding me?

So if Jane the Artist creates a masterpiece for which she hasn't registered a copyright and the masterpiece is sold to a collector, that collector/buyer could conceivably go forth and reproduce that masterpiece into coffee mugs, tshirts, greeting cards etc...make a fortune and Jane the Artist has NO LEGAL STANDING??

Additionally Attorney Nipper points out:

Finally, web developers should remember that in the US the author of the work is the owner of the work unless the author has assigned his/her rights in writing, has a duty to do so based upon an employment agreement, or the work is one of the few other “works for hire” exceptions.

Mr. Nippers article and the info at the US copyright office therefore begs the questions... does a artist or creative own a work upon creation or not? Is it 90 days or 5 years? And if a work is being stolen or misused, does that creator have protection and rights under US copyright law and/or WIPO and/or the Berne Convention or not? If not, what is the point of bestowing copyright upon creation in the first place, and who then is really benefiting from the registration process? If these questions can not be answered clearly then we have some mighty big problems folks and I'm going to have to go and re-mortgage my house in order to protect my rights! (of course it might be too late according to the 90 day time limit...for heaven's sake)

WIPO - World Intellectual Property OrganizationNow I am not an attorney. I am simply a designer who wishes to figure this all out. I encourage you to all read Mr. Nipper's article as well as the comments made by numerous designers, artists, writers and EU visitors all questioning such things as "I've created 100's of sites/layouts/articles/paintings or illustrations and registering each one is going to get expensive." and how does Creative Commons work into all this. Many EU visitors also wished additional information regarding intellectual property in their countries. I have done a little bit of research and have provided links below which will direct readers to information regarding US copyright law, WIPO, Creative Commons and other resources.

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